ILLINOIS POLLUTION CONTROL BOARD

July

12,

1979

DU PAGE COUNTY HEALTH DEPARTMENT,

Complainant,

v.

)

PCB 78—163

JEFF GREULICH,

Respondent.

MR. JOSEPH BONK, ASSISTANT STATE’S ATTORNEY, appeared on

behalf of Complainant.

JEFF GREULICH appeared pro se.

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

The Complaint in this case alleges that Respondent

violated Rules

502,

503(c)(1)

and 504(a) (4) of the Air

Pollution Control Regulations by the open burning of landscape

waste without

an open burning permit.

Hearings were held on

October

6,

1978 and November

16,

1978

in Lombard, Illinois.

At the November 16 hearing,

it was determined that

landscape waste,

as defined under

501(d), was burned on

Respondent’s premises.

Respondent admitted the burning of

logs, wood chips,

and debris accumulated from his premises

as well

as from his tree removal business.

Rule 502 of the Regulations expressly prohibits causing

or allowing open burning except as provided in Rules

503,

504, and 505 of the Regula)z~ions. Open burning of landscape

waste under 503(c)

is permitted only on the premises on

which such waste

is generated.

Respondent stated that most

of the debris was not transported to the premises but was

generated there.

No corroborating evidence was offered in

support of this contention.

Testimony was given by an employee

of the DuPage County Health Department that Respondent had

been advised on previous occasions

as to the proper disposal

of the landscape waste.

Subsequently, complaints were registered

and official

fire reports of the Lombard

fire department

indicate that on three separate occasions

(October

3 and

6,

1977 and April

30,

1978)

department equipment was on site to

extinguish

fires.

The

Agency

may

grant

permits

for

open

burning

of

landscape

waste, under

Rule

504,

in any area of the State if such

burning

is conducted with the aid of an air curtain destructor

or comparable device to reduce emissions substantially;

and

35—37

---

—2—

does not occur within 1,000 feet of any residential or other

populated area.

Respondent

failed

to obtain the appropriate

open burning permit and also failed to utilize devices

to

reduce emissions produced by the burning.

After review of the factors in Section

33(c) of the Act

the Board

finds that

a cease and desist order is appropriate

to prevent further interference with the protection of the

health, general welfare and physical property of the people

as

a result of the open burning.

Alternate methods of

disposal are available and also appropriate

for the amount

and

type of waste Involved.

A $200 fine, payable within

35

iays

of:

the date of

this

Order

is

imposed

to

aid

in

the

enforcement

of

the

Act.

This

Opinion

constitutes the Board’s findings of fact

and

conclusions

of

law

in

this

matter.

ORDER

1)

Respondent has violated Rules

502,

503(c) (1) and 504(a) (4)

of the Air Pollution Control

Regulations.

2)

Respondent

shall cease and desist from any further

violations of Rules

502,

503(c)(1)

and 504(a)(4) of the

Air Pollution Control Regulations.

3)

Within

35 days

of

the

date

of

this

Order,

Re~pondeiiL

shall

Forward

the

sum

of

$200,

by

certified

check

or

money

order,

payable

to

the

State

of

Illinois

to:

Illinois

Environmental

Protection

Agency

Fiscal Services Section

2200 Churchill

Road

Springfield,

Illinois

62706

IT IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control

Board, hereby certify the above Opnion and Order

were adopted on the

/~1~

day of

_______________,

1979byavoteof~p

Christan L.

Moffett,

Illinois Pollution Co

rol Board